Draft Law on Same Sex Partnership

Abstract

The research on draft law on same sex partnership aims to investigate notions and theories on same sex partnership, analyze and compare draft law of Thailand, and investigate opinions on draft law on same sex partnership through unstructured in-depth interview. The data were collected from ten people selected by purposive sampling consisting of one chief executive officer in the related agency, four lawyers and scholars, two activists for sexual diversity people’s rights, and three sexual diversity people in order to find out guideline for appropriate draft law on same sex partnership and to be an option for further considering draft law. 

            The research found that the notions of draft law on same sex partnership of Thailand and foreign countries have always been developed in order to promote rights, liberty and equality in family establishment of sexual diversity people. However, the criteria of laws shall differ in accordance with social acceptance at that time. Currently, the laws to approve rights for sexual diversity people have existed in forms of cohabitation under agreements, relationship registration, and marriage, as well as the amendments of existing laws, for example, civil laws of the Netherlands and France or new law enactment as a specific law, such as, laws of Taiwan. Compared to draft law on same sex partnership of Thailand, it showed that draft act on same sex partnership B.E. 2556, 2561, and 2563 approved rights and duties of partnership among sexual diversity people. However, when considering by aspects, rights and duties approval shall be in a broad range by adopting the provisions to enforce spouses according to the Civil and Commercial Code on the family and the succession. This is exempt from the part of physiological conditions, such as, parenthood and childhood, guardianship, adoption, engagement, and adultery prosecution because the enacted law might be in conflict with other laws. The opinions of interviewees were divided into two parties. One party agreed to amend the Civil and Commercial Code to enforce partners mutatis mutandis, which shall create equality the same as the amendments of marriage laws among sexual diversity people in the civil laws of the Netherlands and France. The other party agreed to enact the provision to approve rights and duties in a new form separately from marriage by advocating the conduct of draft act and then making law amendments after promulgation the same as Taiwan’s laws.

            The research suggestions are as follows: (1) agreeing to prepare the specific laws separating from the Civil and Commercial Code to have access to support and promote rights, liberty and equality in family establishment of sexual diversity people without conflict with other laws; (2) draft laws should be added the criteria and conditions of the agreements which shall register the partnership as making a betrothal agreement and claiming for compensation from people who are the cause of partnership termination, the provision of the laws equivalent to rights and duties of men and women in family establishment instead of the strict interpretation which shall create restrictions for sexual diversity people; and (3) amending other laws related to the enacted laws to create consistency of same sex partnership and the mechanisms to protect rights and duties of partners.